S&N Urges MDL Judge to Dismiss Certain BHR Complaints as Time-Barred

BALTIMORE — Smith & Nephew Inc. is urging the judge overseeing the BHR Hip Resurfacing multidistrict litigation docket to dismiss certain cases as time-barred, arguing that two recent decisions proffered by plaintiffs do not apply in the instant action.

In a Dec. 30 response filed before Judge Catherine Blake of the U.S. District Court for the District of Maryland, S&N argues that the decisions cited by plaintiffs apply Pennsylvania law, while the cases at issue do not implicate that state’s law.

On Aug. 30, S&N moved to dismiss as time barred certain BHR hip complaints, arguing they are untimely under …